2315184 (Refugee)

The applicant, a citizen of Samoa, sought a protection visa. The dispute arose from the applicant's claim that he feared persecution upon return to Samoa due to outstanding debts incurred for his father's funeral, which led to him being assaulted and hospitalised by the creditors. He also claimed threats to his life if he reported the incident to Samoan authorities and stated he could not relocate within Samoa due to financial hardship.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether effective protection measures were available in Samoa. The court also considered whether the applicant would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia.

The Tribunal affirmed the decision not to grant the visa. It found that while the applicant was a citizen of Samoa, there was no evidence that the recent assault was perpetrated by the creditor family members for reasons that would constitute persecution under the Act. The Tribunal concluded that the creditors' primary wish was to recover the borrowed money, not to harm the applicant. Furthermore, the applicant had remained in his local area between the assault and his departure from Samoa, and his family members still resided there, suggesting a degree of integration and potential for internal relocation. The Tribunal also noted that the applicant had been under-employed or unemployed while holding a work visa in Australia and currently held a bridging visa with unrestricted work rights, indicating that his financial hardship was not solely attributable to circumstances in Samoa. The Tribunal found no basis for a well-founded fear of persecution or significant harm that would engage Australia's protection obligations.